Bridges v. Dooly County

Bleckley, Chief Justice.

An execution in favor of Dooly county against the tax-collector and the securities of his official bond, issued for the county taxes, was met by an affidavit under section 525 of the code, which section declares : “If such execution shall issue for too much, or if defendant denies on oath owing any part thereof, he may, by filing an affidavit of illegality, according to the rules governing other illegalities, cause an issue to be formed thereon, which shall be tried by a special jury at the first term of the superior court thereafter.” The case was continued at the…